Review of access to Telstra Exchange Facilities Record Keeping and Reporting Rules

Consultation Paper

May 2017

© Commonwealth of Australia 2017

This work is copyright. Apart from any use permitted by the Copyright Act 1968, no part may be reproduced without permission of the Australian Competition and Consumer Commission. Requests and inquiries concerning reproduction and rights should be addressed to the Director Publishing, Australian Competition and Consumer Commission, 23, Marcus Clarke Street, Canberra, Australian Capital Territory 2601.

1 Introduction

1.1 Purpose

The purpose of this consultation paper is to seek views from interested stakeholders on the Australian Competition and Consumer Commission’s (ACCC) review of the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules (TEF RKR). The current TEF RKR is due to expire on 14 July 2017.

1.2 Reasons for review

The TEF RKR was first made in July 2008 pursuant to section 151BU of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010 (CCA)). The TEF RKR was extended on 14 July 2011 and again on 14 July 2014. Clause 2 of the RKR states that the ACCC will conduct a review of the rules.

1.3 Submission process

Submissions should be provided by 5.00pm on 6 June 2017.

Submission of commercial-in-confidence material

All submissions will be considered by the ACCC as public submissions and will be posted on the ACCC website. Interested parties wishing to submit commercial-in-confidence material to the ACCC should submit both a public version and commercial-in-confidence version of their submission. The ACCC has issued a guideline setting out the process parties should follow when submitting confidential information to communications inquiries commenced by the ACCC. The guideline is available on the ACCC website at: http://www.accc.gov.au/publications/communications-inquiries-submitting-confidential-material

Contact officer and submission lodgement details

Inquiries in the first instance should be directed to David Hinitt at (02) 9230 9148.

Please email submissions to:

Mr David Hinitt Mr Grahame O’LearySenior Project Officer DirectorAustralian Competition & Consumer Australian Competition & ConsumerCommission Commission(02) 9230 9148 (02) 9230 3832david.hinitt@accc.gov.au g rahame.oleary@accc.gov.au

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2 The Access to Telstra Exchange Facilities RKR

2.1 Regulatory framework

Under section 151BU of the CCA, the ACCC can make record keeping rules (RKRs). RKRs may require one or more specified carriers to keep and retain records and give reports to the ACCC consisting of information contained in those records. The records must contain information relevant to the ACCC’s statutory functions which includes information that is relevant to:

determining compliance with the competition rule (section 151AK of the CCA); or

determining compliance with tariff filing directions; or

the operation of Part XIB of the CCA (other than Division 6); or

the operation of Part XIC of the CCA; or

the operation of the National Broadband Network Companies Act 2011, or regulations under that Act;

the operation of Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 which deals with regulation of Telstra’s charges; or

the operation of Division 3, Part 20 of the Telecommunications Act 1997 which deals with the Rules of Conduct relating to dealings with international telecommunications operators.

Sections 151BUA, 151BUB and 151BUC of the CCA give the ACCC the power to disclose, or to require carriers or carriage service providers to disclose, reports, or extracts of reports, prepared in accordance with an RKR.

The revised 2014 TEF RKR is at Attachment A.

2.2 Background -on Telstra Exchange Facilities

As the owner and operator of exchange buildings, Telstra determines the processes by which access seekers can install their own infrastructure, for example Digital Subscriber Line Access Multiplexer (DSLAM) equipment. This is referred to as Telstra Exchange Building Access or sometimes Telstra Equipment and Buildings Access (TEBA). These processes are essential for access seekers to provide downstream services to end-users in competition with Telstra.

TEBA space is a separate part of Telstra’s exchange that generally contains ‘racks’ or floor space where DSLAMs and other equipment can be installed. Space within the Telstra exchange building is also used for Telstra DSLAMs, Telstra PSTN switches (providing voice services), mobile telephony equipment and other types of equipment. Some areas in Telstra exchanges are used by NBN to house NBN related equipment. Generally, access seekers can request exchange access via the TEBA Ordering Process, which involves the following steps:

1. Preliminary Study Request (PSR) – the access seeker submits a request to Telstra detailing the amount of floor space and main distribution frame (MDF) blocks required in a particular exchange. Telstra must provide a response within 10 business days of receiving a request.

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2. Design and Construction Proposal (D&CP) – following Telstra’s acceptance of a PSR, the access seeker must submit a D&CP within 20 business days for work to be undertaken in the exchange.

3. TEBA D&CP Assessment – Telstra assesses the D&CP in accordance with its technical standards and PSR allocations within 15 business days after receipt of the proposal.

4. TEBA Construction – the access seeker has 30 business days to complete the construction activities as described in the approved D&CP. The access seeker may request an extension of time within the first 15 business days.

5. Joint Completion Inspection (JCI) – a JCI needs to be undertaken by both parties within 15 business days of a JCI request.

Once an access seeker submits a request, the request is placed in a queue at that exchange. Where access seekers can carry out works concurrently, multiple access seekers are all assigned position one in the queue. Where work is not able to be concurrently carried out, a queue with multiple access seekers is sequential.

If an exchange runs out of equipment space, such as rack space, access seekers are unable to deploy new equipment until further space is added or redundant space is recovered. An exchange that has no available rack space is known as “Racks Capped”. “Potentially Racks Capped” is where there is potential for rack space to be addressed by building works.

In addition to rack space, access seekers require access to the Main Distribution Frame (MDF) which is located within each exchange. The MDF connects access seeker telecommunications equipment (e.g. DSLAMs) to the copper wires that connect to Telstra’s customer access network (CAN). If the MDF runs out of space, access seekers will be unable to connect their equipment to customers connected to the CAN. This is known as “MDF Capped”. A capped MDF that can be modified to provide more space is known as “Potentially MDF Capped”.

Telstra also determines whether there is sufficient utilities capacity (e.g. electricity and cooling) before it allows an access seeker to install and operate its own equipment. Telstra limits access to exchanges that have reached operating capacity until utilities can be upgraded.

2.3 Information obtained under the TEF RKR

Information provided in accordance with the TEF RKR informs the ACCC of exchanges in which delays are occurring, reasons for delays and the duration of any such delays. It also provides transparency around Telstra’s internal process for determining if an exchange is ‘rack capped’, ‘MDF capped’, and/or potentially capped.

In summary, the RKR requires that Telstra provide information on an exchange service area (ESA) basis on:

the number of queued access seekers

details around preliminary study requests and joint completion inspections (allowing some transparency of queue developments)

MDF capped, racks capped and potentially capped exchanges (including, the number of MDF blocks or amount of floor space reserved and the number of racks needed for Telstra to meet its anticipated requirements)

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scale floor plans for racks capped and potentially racks capped exchanges

details of construction works required to be undertaken by access seekers in potentially capped exchanges

details in relation to potentially capped exchanges regarding preliminary study requests and design and construction proposals (in relation to construction works), and

details of potentially capped exchanges where access seekers have started construction works.

The RKR requires Telstra to submit its monthly report to the ACCC within 15 business days after the reporting date.

The RKR only applies to TEBA related activity and does not apply to the space in Telstra Exchange buildings that is operated by NBN Co.

2.4 Disclosure Direction

The ACCC, pursuant to subsection 151BUC(2) of the CCA, has issued Disclosure Directions in 2011 and 2014 requiring Telstra to provide, as an annexure to its report, a summary of the following:

number of joint completion inspections undertaken during the period,

number of exchanges (at the end of reporting period) which are racks and/ or MDF capped, or potential racks and/or MDF capped,

name of each exchange with status ‘potential’ and the construction work required, and

name of each exchange with queued access seekers, the name of each access seeker in the specified exchange and the queue order of each named access seeker.

The ACCC makes this summary available on its website on a monthly basis and Telstra publishes the monthly summary on the Telstra Wholesale website. The Disclosure Direction is at Attachment B.

2.5 Use of information obtained under the TEF RKR

The information obtained under the TEF RKR is relevant to the ACCC’s functions under Parts XIB and XIC of the CCA. The ACCC may use the TEF RKR information to:

monitor queues at exchanges and capped exchanges, including in relation to the national broadband network points of interconnect (NBN POIs) which are located in Telstra exchanges

consider potential issues involving access to facilities used to access regulated services

monitor Telstra’s compliance with its standard access obligations (SAOs) under section 152AR of the CCA, and

assist it to perform its functions under Parts XIB and XIC of the CCA .

In Section 2.8 below, we set out the instances in relation to which, we have raised issues regarding the information received under the TEF RKR with Telstra.

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2.6 2014 review of the TEF RKR

The TEF RKR has been reviewed every three years since its inception in 2008 and was most recently reviewed and extended in 2014. The ACCC’s decision to extend the TEF RKR is set out in the ACCC’s Reasons for decision.

The ACCC considered that extending the TEF RKR would allow the ACCC to continue to oversee and respond to any concerns regarding TEBA access. The TEF RKR would also assist with the monitoring of access to those exchanges being used as NBN POIs or to house NBN equipment during the rollout of the NBN.

The ACCC considered whether the protections provided by Telstra’s Structural Separation Undertaking (SSU) would replace the need for the TEF RKR. However, it decided that the additional transparency provided by the publication of the TEF RKR summary data was more specific and involved public disclosure of the RKR information through the Disclosure Direction.

Under the SSU1, Telstra is committed to delivering a variety of TEBA related equivalency outcomes. The SSU codifies some of Telstra’s previous TEBA procedures and mechanisms that the TEF RKR was set up to monitor. Clause 12 of the SSU (Access to Telstra Exchange Buildings Clause) includes rules regarding the allocation of exchange space and obligations for TEBA queue management. However, the SSU only requires Telstra to report confidentially to the ACCC on TEBA access issues, not publicly. The ACCC considered that the public disclosure of queuing arrangements would help industry participants in their network planning considerations.

2.7 ACCC’s observations of information received under the TEF RKR

The ACCC has actively monitored the changes to the exchange queuing reported by Telstra under the TEF RKR. The number of exchanges with queues as reported under the TEF RKR is set out in Figure 1 below for the period from 2008 to March 2017.2

1 Clause 12 - Access to Telstra Exchange Buildings, Schedule 3 - Equivalence and Transparency Metrics, Schedule 12 - TEBA requests for future anticipated requirements and Schedule 13 - TEBA Queue Management2 TEF RKR Summary Tables, available at https://www.accc.gov.au/regulated-infrastructure/communications/monitoring-reporting/telecommunications-reports-record-keeping-rules/telstra-exchange-access-rkr-summary-monthly-reports

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Figure 1 - Telstra exchanges with queued access seekers

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Queued exchanges (NBN POIs)

The decline in queued exchanges in the 2008 to 2012 period are likely to be related to the improvements in Telstra’s TEBA processes which were implemented by Telstra in response to action taken by the ACCC against Telstra in 2009.

Between March 2015 and November 2015 the ACCC observed a sharp increase in the number of Telstra exchanges with queued access seekers. Telstra indicated that this queuing appeared to relate to renewed DSLAM activity, and no other TEBA access issues. The ACCC notes that this activity has declined significantly since the peak in November 2015.

3 Matters for consultation The ACCC is seeking submissions from interested parties on the following matters.

3.1 Continued operation of the TEF RKR

The TEF RKR is due to expire on 14 July 2017. The ACCC is seeking views on whether the TEF RKR should be:

1. extended

2. extended and varied, or

3. allowed to expire.

The ACCC considers that the decline in reported access queues may indicate either that the issues that required the TEF RKR to be made may have largely been resolved, or that the transparency provided over Telstra processes operate as a significant deterrent to anti-competitive behaviour.

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We are interested in views of stakeholders about whether the continued transparency over Telstra’s processes for TEBA have led to the decline in access queues or whether there are other reasons. Submissions should be explicit in detailing access seeker requirements and experiences in accessing Telstra exchanges in order for the ACCC to assess the need for the continued operation of the TEF RKR.

The ACCC is also seeking views on whether the TEF RKR remains necessary as the NBN is rolled out, given the transition away from DSL based infrastructure (such as DSLAMs) to the NBN. NBN equipment is generally located in a separate part of the exchange and does not require floor space. Indications suggest that issues relating to capped exchanges have not emerged as an issue during the rollout of the NBN to date. If the TEF RKR is considered necessary, for how much longer should the RKR and/or the disclosure direction remain in place and is any variation to the RKR required?

The ACCC asks submitters to specify reasons for their views, together with examples of any issues that may have arisen since the TEF RKR was remade in 2014 in support of their submission.

Submissions which support an extension of the operation of the TEF RKR should also include details about the proposed length for any extension.

3.2 Disclosure Direction

If the TEF RKR is to be extended, or varied and extended, the ACCC will also need to determine whether a new Disclosure Direction should be issued to Telstra. It may do so if it is satisfied that the disclosure of particular extracts from the RKR report is likely to promote competition or facilitate the operation of, among other things, Parts XIB or XIC.

The ACCC understands that access seekers use the publicly available information published in the Disclosure Direction. Access seekers have previously advised that ACCC that information from the TEF RKR assists with their network planning as it includes information about capped or potentially capped exchanges and investment in exchanges. However, the ACCC also notes that if the levels of queued access seekers remain at the current levels (i.e. below 20), the utility of the Disclosure Direction in assisting access seekers in planning may be reduced.

The ACCC seeks submissions on how access seekers may utilise information included in the TEF RKR report and whether a Disclosure Direction would promote competition or ensure compliance with parts XIB or XIC. The ACCC also seeks view whether the Disclosure Direction should be reissued in its current form or be revised if the TEF RKR is extended. The Disclosure Direction is at Attachment B.

3.3 Any other matters

The ACCC seeks comments from interested parties on any other matter relevant to the TEF RKR, including any other reporting requirements that might arise from the transition from legacy copper services to the NBN.

4 Conclusion The TEF RKR was last reviewed and extended in 2014 for a further three years with some minor amendments. At that time the ACCC considered the TEF RKR would provide independent oversight of access to Telstra exchange facilities and would assist the ACCC in

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assessing Telstra’s compliance with its SAOs. The ACCC also sought to actively monitor any issues with TEBA space that related to the NBN rollout. The ACCC notes that the TEF RKR reports have not revealed any systemic issues relating to NBN rollout.

As part of its review of the rules under clause 2 of the RKR, the ACCC seeks views from stakeholders on whether the TEF RKR should be:

1. extended in its current form and if so, the length of the extension

2. extended and varied, and if so, the length of the extension, details of the variation and whether a Disclosure Direction should be reissued, or

3. allowed to expire.

Submissions should address each of the above scenarios and after considering submissions from stakeholders, the ACCC will make a final decision on whether to extend, extend and vary, or allow the TEF RKR to expire. If the ACCC decides to allow the TEF RKR to expire, the obligation on Telstra to report to the ACCC will cease on 14 July 2017, including the obligations under the Disclosure Direction. The ACCC will publish its decision on the ACCC website and notify submitters to this inquiry directly via email.

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Questions on which the ACCC seeks views:

1. Should the ACCC extend the operation of the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules? Please provide a detailed response as to the reasons for extension or for allowing it to expire. If extended, how long should the ACCC extend the Rules for?

2. If the TEF RKR should be extended, are there any modifications or additions that should be made to the Rules?

3. Should the ACCC also reissue the Disclosure Direction to Telstra if the Rules are extended? Are there any changes required to be made to the Disclosure Direction?

4. In relation to the information published in the Disclosure Direction, how do access seekers use this information?

5. Does the information obtained under the TEF RKR assist with network planning and if so, how is the information being used in practice? Please provide examples.

6. In relation to the apparent lack of NBN specific queuing instances, are access seekers experiencing issues with the installation of NBN related equipment?

7. In relation to the significant decline in queued exchanges over the past six months, do stakeholders consider this decline to be an ongoing trend? (Submissions regarding commercial-in-confidence material should be clearly marked.)

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Attachment A

Access to Telstra Exchange FacilitiesRecord Keeping and Reporting Rules

Competition and Consumer Act 2010

The AUSTRALIAN COMPETITION AND CONSUMER COMMISSION makes these Rules under subsection 151BU(1) of the Competition and Consumer Act 2010.

Dated 14 XX July 20142017

...............................................................

TBA

ChairTBA

Australian Competition and Consumer Commission

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Attachment A

1 TITLE

These Rules made by the Australian Competition and Consumer Commission pursuant to section 151BU of the Competition and Consumer Act 2010 may be referred to as the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules 20142017.

2 COMMENCEMENT

These Rules shall take effect from 15 July 2014 2017 until 14 July 20172020. The ACCC intends to undertake a review of these Rules prior to the expiry date.

3 INTERPRETATION

1) The following terms have the meanings set out in this clause.

‘Access Seeker’ has the same meaning as in section 152AG of the Competition and Consumer Act 2010.

‘Acquirer’s Cable’ means a cable owned or operated by an Access Seeker that runs external to the Access Seeker’s equipment racks and is used as a tie cable between two non-adjoining Access Seeker racks.

‘Anticipated Future Requirements’ means Telstra’s anticipated requirements for use of space within a Telstra exchange building for up to 36 months into the future.

‘Business day’ means a day that is not a Saturday, a Sunday, or a day that is a national public holiday in Australia.

‘Capped Exchange’ means a Telstra exchange building (excluding the Pitt Street Exchange) which the Governance Committee has determined is unavailable for access by Access Seekers, including but not limited to those listed in the TEBA Capped List as ‘MDF capped’, ‘Racks capped’ and ‘Racks and MDF capped’.

‘Construction Works’ refers to all civil and construction work relating to an exchange, including Infrastructure Works and Installation Works.

‘Currently Queued Access Seeker’ means an Access Seeker who has submitted a PSR for access to an exchange that has not been rejected, and has not passed Joint Completion Inspection in relation to that PSR at the reporting date. For the avoidance of doubt, the Currently Queued Access Seeker includes the First Queued Access Seeker.

‘Design and Construction Proposal (DCP)’ means a proposal submitted by an Access Seeker to Telstra in accordance with an agreement between the parties to clear, construct or modify TEBA Space or equipment space and/or install interconnect equipment, interconnection cable and/or acquirer’s cable.

‘Exchange Building Code’ means Telstra’s unique code for identifying an exchange building.

‘Extension of Time’ means a request from an Access Seeker to Telstra for additional time to complete any of the steps in the TEBA Construction Procedure, including to prepare a DCP and complete Construction Works.

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Attachment A

‘Governance Committee’ means the committee or group within Telstra who has the function of determining whether a Telstra exchange building is a Capped Exchange, a Potentially Capped Exchange, or an Uncapped Exchange.

‘Infrastructure Works’ means establishment of a TEBA area, extension of a TEBA area, air-conditioning works, power works, MDF extensions or enhancements, removal of redundant MDF blocks, new/augmented cable trays in MDF or DDF, any cable trays external or internal to the TEBA space, DDF construction or extension, optical fibre works, earthing works, and any building or equipment modifications or additions.

‘Installation Works’ means the installation of interconnect equipment (including, but not limited to, DSLAMS), interconnect cables, and/or Acquirer’s Cables.

‘Joint Completion Inspection (JCI)’ means an inspection of a Telstra exchange building by representatives of Telstra and an Access Seeker conducted following the completion of Construction Works in that exchange building by an Access Seeker.

‘MDF’ means the Main Distribution Frame.

‘MDF Capped Exchange’ means a Telstra exchange building (excluding the Pitt Street exchange) in which the Governance Committee has determined that there are insufficient MDF blocks available for Access Seekers to utilise. This includes Telstra exchange buildings listed in the TEBA Capped List as ‘MDF capped’ or ‘Rack and MDF capped’.

‘Position in the Queue’ means the position of an Access Seeker in the queue to access a particular Telstra exchange building that forms after a PSR has been submitted and not rejected by Telstra.

‘Potentially Capped Exchange’ means a Telstra exchange building in which the Governance Committee has determined that Access Seekers may be granted access after out-of-the-ordinary works have been completed. This includes exchange buildings listed in the TEBA Capped List as ‘Potential’.

‘Potentially MDF Capped Exchange’ means a Potentially Capped Exchange in which the Governance Committee has determined that, other than the availability of out-of-the-ordinary works, the exchange would be an MDF Capped Exchange.

‘Potentially Racks Capped Exchange’ means a Potentially Capped Exchange in which the Governance Committee has determined that, other than the availability of out-of-the-ordinary works, the exchange would be a Racks Capped Exchange.

‘Preliminary Study Request (PSR)’ means a request by an Access Seeker to Telstra for access to a Telstra exchange building to determine the availability of exchange building access in that exchange.

‘Racks Capped Exchange’ means a Telstra exchange building (excluding the Pitt Street exchange) in which the Governance Committee has determined that there is no floor space available for Access Seekers to install equipment. This includes exchange buildings listed in the TEBA Capped List as ‘Racks capped’ or ‘Racks and MDF capped’.

‘Reporting Date’ means the last day of a calendar month or the first business day following if that day is not a business day.

‘Reporting Period’ is the period of time since the last Reporting Date and the most recent Reporting Date, inclusive.

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Attachment A

‘Telstra Exchange Building Access (TEBA)’ means access to floor space and other facilities such as security, electricity, cable trays and interconnection cables in Telstra exchange buildings.

‘TEBA Capped List’ means a list that Telstra publishes from time to time for the purposes of informing Access Seekers and/or other parties about those exchanges that Telstra regards as Capped Exchanges.

‘TEBA Space’ means the common area in a Telstra exchange building allocated or to be allocated by Telstra for access by Access Seekers.

‘Uncapped Exchange’ means an exchange that was a Capped Exchange or Potentially Capped Exchange which the Governance Committee has determined is no longer a Capped Exchange or Potentially Capped Exchange.

2) For the avoidance of doubt, words in the singular include the plural and words in the plural include the singular.

4 APPLICATION

These Rules apply to Telstra Corporation Limited (ACN 051 775 556) (Telstra).

5 TELSTRA EXCHANGE BUILDING ACCESS

1) For each Telstra exchange building for which there are Currently Queued Access Seekers in the Reporting Period, state:

a) The Exchange Building Code;

b) For each Currently Queued Access Seeker in the Reporting Period, state:

i) The name of the Access Seeker;

ii) The Access Seeker’s Position in the Queue;

iii) The number of PSRs submitted by the Access Seeker;

iv) The date on which the PSR was submitted;

v) The number of DCPs that have been submitted by the Access Seeker;

vi) The date on which each of the DCPs was submitted;

vii) The date on which the DCP was accepted, conditionally accepted or rejected; and

viii) If the DCP was rejected, in brief, the reason for rejection;

ix) Whether the Access Seeker is required to wait until a third party (which may include another Access Seeker) completes Infrastructure Works before commencing Construction Works;

x) The type of Construction Works being, or proposed to be, undertaken by the Access Seeker/s; and

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Attachment A

xi) Details of any Extension of Time granted to the Access Seeker/s and, in brief, the reason for the Extension of Time.

c) For each Access Seeker who passed a JCI who is a currently queued Access Seeker in the previous Reporting Period, state:

i) The name of the Access Seeker;

ii) The number of PSRs submitted by the Access Seeker;

iii) The date on which the PSR was submitted;

iv) The number of DCPs that have been submitted by the Access Seeker;

v) The date on which each of the DCPs was submitted;

vi) The date on which the DCP was accepted, conditionally accepted or rejected; and

vii) If the DCP was rejected, in brief, the reason for rejection;

viii) The type of Construction Works undertaken by the Access Seeker;

ix) Details of any Extension of Time granted to the Access Seeker and, in brief, the reason for the Extension of Time;

x) The date JCI was requested by the Access Seeker; and

xi) The date the Access Seeker passed a JCI.

2) For each MDF Capped Exchange and Potentially MDF Capped Exchange, for which Telstra has not provided the following information in a previous Reporting Period or that information has changed, state:

a) The Exchange Building Code; and

b) The number of MDF blocks reserved by Telstra to meet its Anticipated Future Requirements in relation to MDF space.

3) For each Racks Capped Exchange and Potentially Racks Capped Exchange, for which Telstra has not provided the following information in a previous Reporting Period or that information has changed, state:

a) The Exchange Building Code;

b) The amount of floor space (in square metres), including the surrounding space, in that exchange reserved by Telstra to meet its Anticipated Future Requirements; and

c) The number of rack positions and the type of telecommunications equipment proposed to use the rack positions in that exchange building reserved by Telstra to meet its Anticipated Future Requirements.

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Attachment A

4) For each Racks Capped Exchange and Potentially Racks Capped Exchange, for which Telstra has not provided the following information in a previous Reporting Period or that information has changed, provide a floor plan (drawn to scale) of the exchange building clearly identifying, as of the Reporting Date, the TEBA space, Telstra’s equipment space, the power room, the air conditioning room, and any vacant space.

5) For each Potentially Capped Exchange, for which Telstra has not provided the following information in a previous Reporting Period or that information has changed, state the nature of the Construction Works that are required to be undertaken by Access Seekers if they wish to make additional space available.

6) For each Potentially Capped Exchange for which an Access Seeker has submitted a PSR in the Reporting Period, state:

a) The Exchange Building Code;

b) The number of PSRs submitted by the Access Seeker;

c) The date on which the PSR was submitted;

d) Telstra’s response to each of the PSR/s (accept, reject, on hold, other);

e) The number of DCPs submitted (state if zero);

f) The date the DCP was submitted;

g) The date on which the DCP was accepted, conditionally accepted or rejected; and

h) If the DCP was rejected, in brief, the reason for rejection;

7) For each Potentially Capped Exchange for which an Access Seeker has commenced Construction Works in the Reporting Period, state:

a) The Exchange Building Code; and

b) The name of the Access Seeker.

6 GOVERNANCE COMMITTEE

1) For each new determination by the Governance Committee in the Reporting Period of whether a Telstra exchange building is a Capped Exchange, a Potentially Capped Exchange, or an Uncapped Exchange, state:

a) The position of the members of the Governance Committee who made the determination;

b) The Exchange Building Code; and

c) In brief, the reason the Governance Committee determined that the exchange building is a Capped Exchange, a Potentially Capped Exchange, or an Uncapped Exchange.

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Attachment A

7 REPORTING REQUIREMENTS

1) For each consecutive calendar month, Telstra must give the ACCC a report containing the information specified in rules 5 and 6 of these Rules as at the Reporting Date.

2) A report under sub-rule (1) must be given to the ACCC:

a) within 15 business days of the Reporting Date;

b) in relation to sub-rules 5(1), 5(2), 5(3), 5(5), 5(6) and 5(7), prepared and submitted electronically in an unlocked Microsoft Excel file in the format prescribed by the ACCC and annexed at Attachment A;

c) in relation to sub-rule 5(4) and rule 6, submitted electronically; and

d) by email addressed to: RKRinbox@accc.gov.au.

3) The format referred to in paragraph (2)(b) may be amended by the Executive General Manager of the Infrastructure Regulation Division from time to time.

4) The ACCC must provide Telstra with written notice of any amendment under sub-rule (3).

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Attachment A

Sheet 1: Queued exchanges (Rule 5(1))

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Attachment A

Sheet 2: Capped exchanges (Rules 5(2) and 5(3))Ex

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eser

ved

by T

elst

ra

Floo

r spa

ce re

serv

ed (m

2 ) by

Telst

ra to

mee

t its

anti

cipa

ted

requ

irem

ents

(inc

ludi

ng

surr

ound

ing

spac

e)

Num

ber o

f rac

k po

sition

s re

serv

ed b

y Te

lstra

Type

of t

elec

omm

unic

ation

s eq

uipm

ent f

or w

hich

rack

po

sitio

ns h

ave

been

rese

rved

by

Telst

ra (i

.e. D

SLAM

, MSA

N)

Floo

r pla

n pr

ovid

ed (d

raw

n to

sc

ale)

[CODE #1] [#] [#] [#] [NAME] Y/N

[CODE #2] [#] [#] [#] Y/N

2

Attachment A

Sheet 3: Construction Works at Potentially Capped Exchange – Rule 5(5)

Exch

ange

B

uild

ing

Cod

e

Nat

ure

of

Con

stru

ctio

n W

orks

Req

uire

d

[CODE #1] [briefly state]

3

Attachment A

Exch

ange

Bui

ldin

g C

ode

Acc

ess

Seek

er

Num

ber o

f PSR

sub

mitt

ed

Dat

e PS

R s

ubm

itted

Tels

tra’

s re

spon

se to

eac

h of

the

PSR

/s

Num

ber o

f DC

Ps s

ubm

itted

Dat

e D

CP

subm

itted

Dat

e D

CP

acce

pted

Dat

e D

CP

cond

ition

ally

ac

cept

ed

Dat

e D

CP

reje

cted

Rea

son

for r

ejec

tion

Nam

e of

Acc

ess

Seek

ers

that

has

com

men

ced

Con

stru

ctio

n W

orks

[CODE #1] [NAME #1] [#] dd/mm/yy Accept/reject/on hold/ other

[#] dd/mm/yy dd/mm/yy dd/mm/yy dd/mm/yy [briefly state]

[name]

Sheet 4: Potentially capped exchanges (Rules 5(6) and 5(7))

4

ATTACHMENT B

DISCLOSURE DIRECTION

Issued by the Australian Competition and Consumer Commission

To

Telstra Corporation Limited

Section 151BUC

Competition and Consumer Act 2010

Direction1. Pursuant to paragraph 151BUC(2)(c) of the Competition and Consumer Act 2010 (the CCA),

the Australian Competition and Consumer Commission (the ACCC) directs Telstra Corporation Limited (Telstra) to:

a) Make copies of extracts of reports as specified in Schedule 1 and prepared in accordance with the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules (the Telstra Exchange Facilities RKR) made under section 151BU of the CCA; and

b) make those copies available for inspection and purchase by the public by making them available for public disclosure and providing them to the ACCC for publication on the ACCC’s website, and by publishing them on Telstra Wholesale website, or by such other method as agreed to in writing by the ACCC.

2. For the avoidance of doubt, this Direction applies to the report prepared in accordance with the Access to Telstra Exchange Facilities Record Keeping and Reporting Rules for the October 2014 calendar month and all subsequent calendar months.

3. Telstra is to provide the extracted information as an annexure to the report submitted to the ACCC each calendar month in accordance with the Telstra Exchange Facilities RKR (which report is required to be submitted to the ACCC within 15 business days of the “Reporting Date” as defined in the Telstra Exchange Facilities RKR).

________________________________

Rodney Graham SimsTBA

ChairmanTBA

Date: October July 20142017

Schedule 1

For each reporting period:

Item Number

Number of Joint Completion Inspections completed during the period

Number of Exchanges with Queues (End of Period)

Number of Exchanges which are Racks & MDF capped (End of Period)

Number of Exchanges which are Racks capped (End of Period)

Number of Exchanges which are MDF capped (End of Period)

Number of Potential Exchanges (Racks capped)

Number of Potential Exchanges (MDF capped) (End of Period)

Number of Potential Exchanges (Racks and MDF capped) (End of Period)

For each reporting period:

Name of each exchange with Status “Potential”

Construction Works Required

For each reporting period:

Name of each exchange with queued access seekers

Name of each queued access seeker in the specified exchange

Queue order of each named access seeker

2